NFL Scores Partial Win in EU Trademark Opposition

by T+B BLOG TEAM on Wednesday, 15 November, 2017

"Superbowl UK."

Yes, you read that correctly. In August of last year, a British company called QL Partnership Limited filed a trademark application in the EU for "Superbowl UK" in classes 41 (entertainment services) and 43 (food and drink services). The mark consists of the words "Superbowl UK" along with "Tenpin Bowling At Its Best" in a smaller font, as shown below:

Nope, the US National Football League (NFL) has no plans for an American-style football championship to be held in the UK. In fact, the NFL opposed the mark claiming it infringes on its own "Super Bowl" trademark registration in classes 16, 25, 28, and 41. World Intellectual Property Review (WIPR) reports that last week, the EU IPO ruled a "partial win" for the NFL, which succeeded in its opposition in class 41 (entertainment), but failed in its opposition to QL Partnership's filing in class 43 (food and drink) due to insufficient evidence.

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Topics: trademark infringement

Do Kanye West's "Yeezy Sound" Trademark Applications Signal a New Venture?

by T+B BLOG TEAM on Monday, 13 November, 2017

Although Kanye West's trademark applications for Yeezy cosmetics and Yeezy dinnerware have long been abandoned, the latest ones he's filed are for "Yeezy Sound," which has inquiring minds asking whether this could be the rapper/producer/fashion designer's competitive play against Jay Z's streaming music platform Tidal. West reportedly left Tidal in July, claiming he was owed around $3 million.

Four trademark applications were filed with the USPTO for Yeezy Sound on November 2 by the rapper's company, Mascotte Holdings, Inc. The applications are in international classes 41 (including music and film production), 38 (music streaming, telecommunications, and more), 35 (retail stores and online services), and 9 (recordings and software used for managing the download and storage of audio and video files).

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Topics: trademark

'Call of Duty' Game Maker Sued by US Military Vehicle Manufacturer

by T+B BLOG TEAM on Friday, 10 November, 2017

US military vehicle manufacturer AM General filed a lawsuit against the maker of the 'Call of Duty' branded video games, Activision Blizzard Inc., claiming that images of its High Mobility Multipurpose Wheeled Vehicle (HMMWV or HUMVEE) have been used for years in various titles in the video game series without its permission. The suit claims the infringing products have earned Activision more than $5 billion in revenue. Prior discussions regarding licensing fees were unsuccessful.

The AM General suit states that sales came "only at the expense of AM General and consumers who are deceived into believing that AM General licenses the games or is somehow connected with or involved in the creation of the games." The heavy vehicle manufacturer claims its trademarks and trade dress are featured not only in the games, but also on related merchandise. The company seeks compensatory, punitive and triple damages, along with an injunction against further use of the HUMVEE in any Activision products.

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Topics: trademark infringement

Latest Court Ruling Favors Gucci in Ongoing Trademark Dispute with Forever 21

by T+B BLOG TEAM on Thursday, 9 November, 2017

The latest court ruling in ongoing trademark litigation between Gucci and fashion retailer Forever 21 dismisses Forever 21's complaint against the luxury fashion house, but does allow the company to refile. A US District Judge's ruling said the court was "skeptical" that Forever 21 had presented sufficient facts to back its claims for the cancellation of Gucci's three-striped design trademarks.

This all began when Gucci sent a cease-and-desist letter to Forever 21 in December 2016 to stop Forever 21's sale of merchandise featuring blue-red-blue and green-red-green stripes that it claimed resembled the Gucci design marks that have been registered since 1988. Gucci sent Forever 21 two more cease-and-desist letters in January and February 2017.

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Topics: trademark infringement

"Presidential by Kevin Spacey" Trademark Application Filed Days Before Actor Fired

by T+B BLOG TEAM on Wednesday, 8 November, 2017

Just days before accusations of sexual misconduct against Kevin Spacey became public, a trademark application was filed in the US for "Presidential by Kevin Spacey" merchandise by a company called Dovetail Ventures, LLC.

As reported by The Wrap, it would seem that the 'House of Cards' star has had plans to launch a wide variety of goods and services related to his role as the character Frank Underwood on the Netflix series. The October 24, 2017 trademark filing isn't the first Spacey-as-president trademark application; several other Presidential by Kevin Spacey trademark applications had already been filed in April 2016 for everything from clothing, towels, bedding, alcoholic beverages, gourmet food, and cell phone covers, to health spa, hotel, and concierge services.

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Topics: trademark

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